Terms customer information
Table of Contents
3. Prices and Payment
4. Shipping & Conditions
5. Force majeure
6. delayed performance
7. Retention of title
8. Warranty / Warranty
11. Retention, Assignment
12. Applicable Law, Jurisdiction
1.1 These terms and conditions (the "Conditions") of Kinetronics Europe GmbH (hereinafter "Seller") apply to all contracts that an entrepreneur (hereinafter "Customer") with the seller in terms of the seller in its online store merchandise shown and / or services closes. This is the involvement of its own conditions of the customer are objected to, unless it is otherwise agreed.
1.2 These terms and conditions apply exclusively, if the seller makes the delivery of these without specific reservation with knowledge of conflicting or deviating from these terms and conditions of the customer.
1.3 the purposes of these Conditions is a natural or legal person or a legal partnership, in concluding a legal transaction in their commercial or independent professional activity.
1.4 the purposes of these Conditions are also authorities or other bodies governed by public law when acting solely private law of contract.
2.1 The product shown in the online shop of the seller are not binding offers on the part of the seller, but intended to submit a binding offer by the customer.
2.2 The customer can submit the offer via the integrated in the online shop of the seller online order form. Here are the customer after he has selected goods and / or services in the virtual shopping cart and go through the electronic ordering process, by clicking the the ordering process final button a legally binding contract offer in relation to the goods and / or services contained in the basket , Furthermore, the customer can also offer telephone, by fax, by email or by mail to the seller.
2.3 The seller can accept it within five days the customer's offer,
- By forwarding the customer a written confirmation or a confirmation in writing (fax or e-mail), wherein the extent of the order confirmation to the customer is decisive, or
- By the customer the ordered goods, where the extent of access of goods to the customer is decisive, or
- By asking the customer after delivery of the order for payment, or
- Where payment is offered by direct debit and the customer opts for this payment method, by feeding the total price from the customer's bank account, where the extent of time is relevant to the customer's account is debited.
If several of the above alternatives, the contract is concluded in the time in which one of the aforementioned alternatives comes first. The deadline for acceptance of the offer starts on the day following the dispatch of the offer by the customer immediately and shall end with the end of the fifth day, which follows the dispatch of the offer. If the seller is not in the customer's offer within the aforementioned period, this is considered as rejection of the offer, with the result that the customer is no longer bound by his declaration of intention.
2.4 In submitting a tender on the online order form from the seller of the contract will be stored by the seller and the customer by submitting his order, together with these Terms and Conditions in writing (eg. As e-mail, fax or letter) sent. In addition, the text of the contract on the seller's website is archived and can be accessed free of charge from the customer of the password protected customer account, specifying the login information, provided that the customer has created an account in the online shop of the seller before submitting his order.
2.5 Before binding the order through the online order of the seller, the customer can correct his entries using the usual keyboard and mouse functions. Furthermore, all entries before the mandatory delivery of the order will be displayed again in a confirmation window and can be corrected by means of the usual keyboard and mouse functions.
2.6 For the contract is exclusively for the German and English language.
2.7 The order processing and contact can be usually by e-mail and automated order processing. The customer must ensure that his or her designated for order processing e-mail address is correct so that at this address from the seller sent e-mails can be received. In particular, the customer must ensure in the use of spam filters that all beauf-tragten Third messages sent can be delivered by the seller or this with the ordering process.
2.8 If the parties have negotiated special terms, these are generally not for the same current and future contractual relationships with the customer.
2.9 In economic inability of customers to fulfill his obligations to the seller, the seller may terminate existing exchange contracts with the customer without notice resigns. This also applies to an application for insolvency of the customer. § 321 BGB and § 112 InsO remain unaffected. The customer is at an early stage to inform the seller in writing of an impending insolvency.
3) Price and payment
3.1 Unless the product description of the seller requires otherwise, is at the given prices are net prices, which are exclusive of VAT. Packaging and shipping costs, shipping, insurance (in particular transport insurance), duties are optionally charged separately.
3.2 For deliveries to countries outside the European Union may incur other costs in an individual case, which the seller is not responsible for and which are borne by the customer. These include costs for the transfer of funds through banks (eg transfer fees, exchange fees) or legal import duties or taxes (eg customs duties). Such costs may also be incurred if the delivery is not made outside the European Union in a country, but the customer makes payment from a country outside the European Union in relation to the money transfer.
3.3 The customer has several payment options available, which are stated in the online shop of the seller.
3.4 If prepayment agreed, payment is due immediately after the conclusion.
3.5 If you choose the payment method delivery on account of the purchase price is due after the goods have been delivered and invoiced.
3.6 If you choose the payment method delivery on account of the purchase price is to be paid within thirty (30) days of receipt of the invoice, unless otherwise agreed. The seller reserves the right to invoice perform a credit check when you choose to pay delivery and refuse this payment with negative credit check.
3.7 A payment is considered received once the value has been credited to one of the accounts of the seller. In case of default, the seller is entitled to interest at the rate of 10 percentage points above the base rate. The other legal rights of the seller in case of default by the customer remain unaffected. Where loans are overdue, incoming payments shall first cover for any costs and interest, then the oldest debt.
3.8 Should unforeseeable cost increases occur (eg currency fluctuations, unexpected price increases of suppliers, etc.) the seller is entitled to pass on the price increase to the customers. However, this applies only if the delivery is to be agreed later than four months after the conclusion of the contract.
4) Shipping conditions
4.1 The delivery of goods occurs in transit to the delivery address given by the customer, unless otherwise agreed. During completion of the transaction specified in the order of the vendor delivery address is decisive.
4.2 The seller is entitled to make partial deliveries if this is reasonable for the customer. In the case of partial deliveries permitted the seller is entitled to issue partial invoices.
4.3 The seller reserves the right to cancel the contract in case of incorrect or improper delivery. This applies only in the event that the non-delivery is not attributable to the seller, and this has been completed with due diligence a concrete hedging transaction with the supplier. The seller will make all reasonable efforts to procure the goods. In case of unavailability or only partial availability of the goods the customer is immediately informed and reimbursed the consideration immediately.
4.4 The risk of accidental loss and accidental deterioration of the goods is transferred to an appropriate transport person with the delivery of the goods. This is true even if the seller bears the costs of transport. Transport insurance shall only on special request and on behalf of customers.
4.5 In the event that the shipment of the goods, delayed on the customer for reasons that he is responsible, the risk takes place already with readiness for shipment to the customer. Possible costs for storage costs shall be borne by the transfer of risk to the customer.
4.6 Pickup is not possible for logistical reasons.
5) Acts of God
In the case of force majeure, which affect the performance of the contract, the seller is entitled to postpone the delivery for the duration of the hindrance and for longer-term delays totally or partially withdraw without incurring any claims against the seller can be derived. Force majeure means any apply to the seller of unforeseen events or those which - even if foreseeable - are outside the control of the vendor and their Affect the performance of the contract by reasonable efforts of the seller can not be prevented. Any legal claims of the customer remain unaffected.
6) delay in performance
6.1 If a delay in performance of the customer in accordance with statutory provisions a right of withdrawal, if the delay is only the fault of the seller.
6.2 In case of default of the seller, the customer is at the request of the seller obliged to declare within a reasonable period of time whether it, due to the delayed delivery of the contract or insists on performance.
6.3 delayed If shipment or delivery to the customer's request by more than one month after notice of readiness for shipment, may be charged to the customer for each additional month commenced, storage costs of 0.5% of the price of the supplies, but no more than 5%, will.
6.4 Proof of a higher or lower damage is the contracting parties.
6.5 The above limitations will not apply in case of intent, malice, gross negligence and damages resulting from injury to life, limb or health.
7) Retention of title
7.1 The seller reserves until full payment of the purchase price owed the title to the goods supplied. Furthermore, the seller retains title to the goods supplied until all its claims arising from the business relationship with the customer.
7.2 In the case of the processing of the goods delivered, the seller is deemed manufacturer and acquire ownership of the newly created goods. Where processing takes place together with other materials, the seller acquires ownership in proportion to the invoice value of his goods to the other materials. Where in the case of combination or integration of the goods from the seller with an item of the customer they must be considered as the main item, the ownership goes to the matter in the proportion of the invoice value of the goods from the seller to the invoice or the absence thereof, the market value of the main thing - to Seller. The customer shall in this FAEL-len Depositary.
7.3 Objects under ownership or legal reservation the customer may neither pawn nor as security. The customer is only permitted as a reseller a resale in the ordinary course of business on condition that the seller by the customer its claims against its customers in connection with the resale have been effectively transferred and the customer his customer transfers ownership subject to payment. The customer passes through the conclusion of the contract from its claims in connection with such sales to his customers as security to the seller who accepts this assignment simultaneously.
7.4 The customer shall have access to the entity owned or co-owned seller goods or to the assigned claims. He immediately dissipate assigned to the seller, withdrawn from him sums to the seller, to the extent the receivable is due.
7.5 If the value of the security interests of the seller exceeds the amount of secured claims by more than 10%, the seller will release on request of the customer a corresponding portion of the security rights.
8) Warranties / Warranty
If the merchandise is faulty, the provisions of the statutory warranty apply. Deviating applies:
8.1 A minor defect does not create any warranty claims and does not entitle the customer to refuse the acceptance of the goods. If any part of the goods have a not insignificant defect, this does not entitle to reject the entire delivery. This does not apply only in the event that the partial delivery for the customer is of no interest. In addition, payments of the customer may only be retained in an amount that is proportionate to the occurred defect. If the item is available at no cost, the seller is liable for defects only if he is guilty of intent or gross negligence.
8.2 Warranty claims do not arise for natural wear or damage. After the transfer of risk from faulty or negligent handling, excessive strain, unsuitable equipment or due to special external influences which are not assumed under the contract, or from non-reproducible disturbances If done by the customer or by third parties improper modifications or repair work, so for these and the resulting consequences likewise excluded, unless the customer can prove that the alleged failure has not been caused by these changes or repair work.
8.3 For new products, the statute of limitations is one year from transfer of risk. For used goods the rights and claims for defects are excluded.
8.4 The above limitations of liability regulated and limitation shortenings do not apply
, For things that are used in accordance with their usual purpose for a building and which have caused damage -
- For damages resulting from injury to life, limb or health based on an intentional or negligent breach of duty of the seller or an intentional or negligent breach of duty by a legal representative or agent of the seller,
For other damages based on intentional or gross negligence of the seller or on an intentional or grossly negligent breach of duty by a legal representative or agent of the user -
- In the event that the seller has fraudulently concealed the defect, and
- For the right of recourse according to § 478 BGB.
8.5 The seller has in the case of subsequent performance the right to choose between repair or replacement.
8.6 If within the warranty a replacement, the limitation period does not start again.
8.7 If the subsequent performance is effected by way of replacement, the customer is obliged to return the goods within 30 days to the seller. The return package must the reason for the return, include the customer name and the award for the purchase of defective goods number that allows the seller to assign the returned goods. As long as and to the extent, not the assignment of returning for reasons which the customer is responsible for possible sellers to accept goods returned and to repay the purchase price is not obliged. The cost of re-dispatch to the customer.
8.8 If the seller delivers to remedy the defect free of defects, the seller can according to the customer compensation for use. § 346. Make 1 BGB. Other legal claims remain unaffected.
8.9 If the customer is a merchant as defined in § 1 HGB, the commercial inspection and notification hits him in accordance with § 377 HGB. If the customer omits the regulated therein notification obligations, the goods are considered approved.
The liability for delay is finally regulated under the "delay in performance". Moreover, the seller from all contractual, quasi-contractual and legal, and tortious claims to compensation and reimbursement shall be liable as follows:
9.1 The seller is liable for any legal reason unrestricted
- In case of intent or gross negligence,
- Of deliberately or negligently injury to life, limb or health,
- Due to a warranty promise, as far as any otherwise provided,
- Due to mandatory liability such as according to the Product Liability Act.
9.2 Should the supplier negligently an essential contractual obligation, the liability to the typical, foreseeable damage, unless in accordance with the above clause is liability unlimited. Material contractual obligations are obligations, the contract imposes on the Seller to its content to achieve the purpose of the contract, the fulfillment of which renders a correct execution of the contract and on whose compliance the customer may trust regularly.
9.3 In addition, a liability of the seller is excluded.
9.4 The above liability regulations also apply with respect to the liability of the seller for his assistants and legal representatives.
Customer claims against the seller expire - that, except under "defects liability / warranty" claims - one year after becoming aware of the circumstances giving rise to, but not later than five years after the service, except in accordance with the above clause is liability unlimited ,
11) Retention, Assignment
11.1 of retention and customer rights to refuse performance shall be excluded, unless the seller does not deny the underlying counterclaims or they are legally established.
11.2 The assignment of claims from the agreement concluded with the customer contract by the customer, in particular an assignment of any warranty claims of the customer is excluded.
12) Applicable Law, Jurisdiction
12.1 The law of the Federal Republic of Germany, excluding the laws on the international sale of goods applies to all legal relationships between the parties.
12.2 If the customer is a merchant, legal entity under public law or public law special fund established in the territory of the Federal Republic of Germany, is the exclusive jurisdiction for all disputes arising from this contract is the business of the seller. If the customer is established outside the territory of the Federal Republic of Germany, as the business of the seller is the exclusive jurisdiction for all disputes arising from this contract. The seller is however entitled in the above cases, in any case, to call the place of business of the customer.